A 60-year-old man who enticed a 16-year-old to bugger him was given a suspended sentence with both defence and prosecution agreeing jail was not necessary.

Alfred Charles Caisey of St. John's Road, Pembroke, was arrested on October 10, 2001 after a video tape was given to the police showing homosexual acts.

One was Caisey, while a teacher who was shown a photo still from the tape by Police helped identify the face of the 16-year-old.

Caisey was arrested at his work where officers found a bed similar to the one seen on the tape and Caisey admitted he had intercourse with his victim, who cannot be named for legal reasons. He told Police he thought he was not breaking the law because he had waited until the boy had reached 16. The law says the both parties had to be 18.

Caisey pleaded guilty to three charges of buggary between March and October 2001 - each time he had got his victim to bugger him. The court heard that Caisey had also shown his victim pornography.

Crown Counsel Cindy Clarke said Caisey had pleaded guilty at the earliest opportunity, had not resisted police and had no previous convictions.

She said the Crown normally sought an immediate custodial sentence for such crimes but was not seeking jail in this case.

Asked by Assistant Justice Charles-Etta Simmons why Ms Clarke said the criteria of needing to protect the public did not apply and that there was no evidence Caisey was a sexual predator.

"We feel it should be a punishment based on alternatives to incarceration," said Ms Clarke.

Defence lawyer Larry Mussenden argued it was a victimless crime as both had consented to the sex and he asked for Caisey to be fined or given a suspended sentence.

The judge asked: "What message is that to send out? That it's right for a mature man to have sexual relations with a young boy?

"I am concerned. This young man was particularly vulnerable to the influence of an older man, particularly because he didn't have a male authority figure in the home."

Ms Justice Simmons said Caisey had taken advantage. "Probably the young man had not even had carnal knowledge of a girl, he doesn't know anything about life yet.

"This is a charge of buggery."

Mr. Mussenden said it was not a charge of sexual exploitation and there were two offenders in the matter.

Mrs Simmons said: "If you feel a 60 year old should be able to have sex with a 16-year-old boy you should appeal to your Member of Parliament to change the law." Mr. Mussenden said there was no evidence Caisey had the urge to prey on other boys but Ms Justice Simmons said: "I am not sure about that. He had the bed there, the equipment there, pornography there, he supplied the boy with certain type of clothes to wear during the act."

The judge said the accused had described himself as bisexual to the Police, to which Mr. Mussenden added: "He's been happily married several times before."

Caisey apologised for his actions and said he would not be back in front of the court.

Ms Justice Simmons chided Caisey for what he had done. She said the child had come to him for advice, help with assignments and pocket change.

Caisey was given a one-year jail sentence suspended for two years meaning if he stays out of trouble he will not have to serve time.